House of Lords Journal 240 (Session 2006-07)

Previous Next Tuesday 31 July 2007 The House met at 9.15 am The following Lords Spiritual and Temporal were present: Brown of Eaton-under-Heywood, L. Carswell, L. Hoffmann, L. Mance, L. Norwich, Bp. Prayers were read by the Lord Bishop of Norwich Judicial Business 1    In re Officer L (Respondent) (Northern Ireland) It was moved by Lord Hoffmann, That the 45th Report from the Appellate Committee be agreed to; the motion was agreed to. It was ordered and adjudged that the appeal be allowed and that the Order of Her Majesty’s Court of Appeal in Northern Ireland of 5 February 2007 and also the Order of Mr Justice Morgan in the Queen’s Bench Division of Her Majesty’s High Court of Justice in Northern Ireland of 3 November 2006 be set aside; that the application for judicial review, in so far as it is based on Wednesbury Page 782            2006-07      Volume 240       unreasonableness, be remitted to the Queen’s Bench Division of Her Majesty’s High Court of Justice in Northern Ireland for determination of that issue in the light of the opinions expressed in this House; that the respondent, Officer L, do pay or cause to be paid to the appellant, the Robert Hamill Inquiry, its costs of the appeal to this House, the amount thereof to be certified by the Clerk of the Parliaments if not agreed between the parties, and also its costs incurred so far in Her Majesty’s Court of Appeal in Northern Ireland and in the Queen’s Bench Division of Her Majesty’s High Court of Justice in Northern Ireland, the amounts thereof to be determined by the Taxing Master if not agreed between the parties; and that there be no order as to the costs of the interveners, the Secretary of State for Northern Ireland and Mrs Jessica Hamill, save that Mrs Hamill’s costs in this House and in Her Majesty’s Court of Appeal in Northern Ireland be taxed in accordance with the Legal Aid, Advice and Assistance (Northern Ireland) Order 1981. [2007] UKHL 36 2    HB (Ethiopia) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) (England) The appeal of HB was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged on or before 4 October. The appellant’s certificate of public funding was lodged. 3    JL (Sierra Leone) (FC) (Appellant) v Secretary of State for the Home Department (Respondent) (England) The appeal of JL was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged on or before 4 October. 4    Chief Constable of the Hertfordshire Police (Appellant) v Van Colle (administrator of the estate of GC (deceased)) and another (Respondents) (England) The appeal of the Chief Constable of the Hertfordshire Police was presented and it was ordered that notwithstanding Standing Order VI the statement and appendix thereto be lodged on or before 4 October. 5    Consolidated Contractors International Company SAL and others (Petitioners) v Masri (Respondent) The petition of Consolidated Contractors International Company SAL and Consolidated Contractors (Oil and Gas) Company SAL praying for leave to appeal was presented and referred to an Appeal Committee (lodged 12 July). 6    Smith (FC) (Petitioner) v Southampton University Hospitals NHS Trust (Respondents) The petition of Terrosina Jane Smith praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 27 July). 7    Zalweska (AP) (Petitioner) (Northern Ireland) v Department for Social Development (Respondents) (Northern Ireland) The petition of Eva Zalewska praying for leave to appeal was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged (lodged 27 July). 8    In re Toner (AP) (Petitioner) (Northern Ireland) The petition of Ciaran Toner praying for leave to appeal notwithstanding that the time limited by Standing Order II has expired was presented and referred to an Appeal Committee. The petitioner’s certificate of public funding was lodged. 9    R (on the application of Al Rawi and others (Appellants) and others and others (Appellants)) v Secretary of State for the Foreign and Commonwealth Office and another (Respondents) The petition of the AIRE Centre, British Irish Rights Watch, Fair Trials Abroad and the Redress Trust praying for leave to intervene in the said appeal was presented and referred to an Appeal Committee. 10    R v Holding (Respondent) Upon application by the appellant (the agents for the respondent consenting thereto) it was ordered that the appeal be withdrawn and that there be no order as to costs. 11    EM (Lebanon) (FC) (Appellant) (FC) v Secretary of State for the Home Department (Respondent) The intervener’s certificate of public funding was lodged. 12    Appeal Committee The 79th Report was made; the Appeal Committee reported that they had met and had heard Counsel; the report was agreed to and the following Order was made: Page 783            2006-07      Volume 240      Back to top EM (Lebanon) (FC) (Appellant) (FC) v Secretary of State for the Home Department (Respondent) That the petition of ALF (a minor) that he might be heard or otherwise intervene in the said appeal be allowed. 13    Appeal Committee The 80th Report from the Appeal Committee was agreed to and the following Order was made: R (on the application of Al Rawi and others (Appellants) and others and others (Appellants)) v Secretary of State for the Foreign and Commonwealth Office and another (Respondents) That the petition of the AIRE Centre, British Irish Rights Watch, Fair Trials Abroad and the Redress Trust that they might intervene in the said appeal be allowed to the extent that they may lodge written submissions only. The House was adjourned.